Clinton Township grandmother gets life in prison in child's drowning

Jun. 12, 2013

Terry Borgia enters the courtroom of Judge Peter Maceroni on Wednesday, June 12, 2013, at Macomb County Circuit Court in Mt. Clemens. Borgia was given a life sentence for the drowning of her grandson DeAngelo Tobia, who was 4 years old at the time of his death in 2010. / Eric Seals/Detroit Free Press

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Detroit Free Press Staff Writer

Amelia Alkasmikha, 35, of Sterling Heights and her husband, Bashar Alkasmikha, listen to Judge Peter Maceroni as Terry Borgia is sentenced to life in prison for the death of their son, Borgio's grandson DeAngelo Tobias, in 2010. A packed courtroom was there for the sentencing on Wednesday, June 12, 2013, at Macomb County Circuit Court in Mt. Clemens. / Eric Seals/Detroit Free Press

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DeAngelo Tobia’s hair was black.

His eyes were blue. To his parents, Bashar and Amelia Alkasmikha, he is an angel — an angel who didn’t get justice in his forcible drowning more than three years ago.

“He made all our dreams come true. He was a perfect son,” Amelia Alkasmikha, 35, tearfully said before her mother, Terry Borgia, was sentenced to life in prison without parole today in Macomb County Circuit Court in DeAngelo’s 2010 death. “We still don’t really know what happened to you, but we still feel that grandma is covering up for her daughter.”

Gripped by tears, Bashar Alkasmikha, 34, agreed, telling the court that authorities don’t have the right person and “we just want justice for our son.”

DeAngelo’s parents now believe the boy’s aunt, Tonina Borgia — the only other adult in the Clinton Township apartment when 4-year-old DeAngelo died — committed the crime. Prosecutors have said there is no evidence to charge her and that Terry Borgia admitted putting the sleeping, pajama-clad boy in her bathtub filled with water and left him unattended, but didn’t admit to drowning him.

Terry Borgia didn’t say what happened to DeAngelo when she spoke today during the emotional proceeding, simply telling her family that she loves them.

“I love all my children. I love DeAngelo very much,” she said, to which Bashar Alkasmikha said: “Tell us the truth.”

Terry Borgia then thanked everyone who handled her case.

The 64-year-old, jail-garb-clad grandmother had four trials — three of which ended in mistrials — before a jury convicted her of felony murder and first-degree child abuse in March.

Macomb County Circuit Judge Peter Maceroni, who handled the case the entire time, denied a defense motion for a new trial before sentencing Terry Borgia.

Maceroni said that in 23 years on the bench, this was “by far, the most difficult sentence I ever had to impose,” pausing several times during his comments.

Maceroni said there was no direct evidence, just circumstantial evidence. He said “although the jury saw it one way, case law says even if the court feels the other way, you can’t do anything about it.”

Defense attorney Mark Haddad said he took Maceroni’s comments to mean that the judge doesn’t believe Terry Borgia is guilty.

Haddad continues to believe Terry Borgia is covering for her daughter, Tonina Borgia, and that she has a good chance when her case is appealed.

DeAngelo’s parents said that during a jail visit, Terry Borgia mouthed or implied that it was Tonina Borgia, not her, who committed the crime.

After the sentencing, DeAngelo’s family said police should have arrested Terry and Tonina Borgia after DeAngelo’s death.

Amelia Alkasmikha said she wished her mother, who helped her deliver DeAngelo, said more about what happened during her sentencing, which brought a difficult end to the lengthy and unusual case.

“And now my mom’s going to prison for the rest of her life,” she said, adding: “We love our son. He’s our everything.”